Robb v. Bethel School District

308 F.3d 1047 Danicia ROBB; Lovie Robb, as parents and guardians of Latosha Robb; Latosha Robb, Plaintiffs-Appellants, v. BETHEL SCHOOL DISTRICT # 403; Bethel School Board; Jill Jacoby, Superintendent, Defendants-Appellees. No. 01-35823. United States Court of Appeals, Ninth Circuit. Argued and Submitted September 13, 2002. Filed October 21, 2002. John S. Stocks, Van Siclen, Stocks & Firkins, Auburn, WA, for the plaintiffs-appellants. William A. Coats and Daniel C. Montopoli, Vandeberg Johnson & Gandara, Tacoma, WA, for the defendants-appellees. Appeal from the United States District Court for the Western District of Washington; Franklin D. Burgess, District Judge, Presiding. D.C. No. CV-00-05130-FDB. Before: HILL, * GOULD, and BERZON, Circuit Judges. GOULD, Circuit Judge. 1 This appeal requires us to decide whether a plaintiff who seeks only money damages is required to exhaust administrative remedies before instituting a claim under 42 U.S.C. § 1983 predicated on a violation of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. §§ 1400-1485 . Answering a question that has divided our sister circuits, we hold that when a plaintiff has alleged…